NARAYAN LAXMAN PATIL versus M/S GALA CONSTRUCTION COMPANY PRIVATE LIMITED & ORS.

NARAYAN LAXMAN PATIL versus M/S GALA CONSTRUCTION COMPANY PRIVATE LIMITED & ORS.

The entry of the appellant's name (and others) in the Record of Rights based solely on possession, without proof of lawful title or capacity as defined in the Maharashtra Land Revenue Code, was unjustified; the mutation entry was properly set aside due to absence of lawful possession or title.

Parties
Appellant: Narayan Laxman Patil; Respondent: M/s Gala Construction Company Private Limited; Respondent: Kamlakar Narayan Samant; Respondent: Parimal Shroff; Respondent: Ankur Saigal; Respondent: E. C. Agrawala; Respondent: R. N. Keshwani; Respondent: Ram Lal Roy
Jurisdiction
India
Judgment Date
08 October 2015
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Mutation, Record of Rights, Lawful Possession
Land Law Mutation Record of Rights Lawful Possession

Case Brief

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Parties

Narayan Laxman Patil

Appellant

M/s Gala Construction Company Private Limited

Respondent

Kamlakar Narayan Samant

Respondent

Parimal Shroff

Respondent

Ankur Saigal

Respondent

E. C. Agrawala

Respondent

R. N. Keshwani

Respondent

Ram Lal Roy

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the Mutation Entry No. 4601 dated 06.03.1987 in the 'other rights' column of the Record of Rights is valid

Ratio Decidendi

The entry of the appellant's name (and others) in the Record of Rights based solely on possession, without proof of lawful title or capacity as defined in the Maharashtra Land Revenue Code, was unjustified; the mutation entry was properly set aside due to absence of lawful possession or title.

Court Disposition

Appeal dismissed

Orders

  • Mutation Entry No. 4601 dated 06.03.1987 stands set aside
  • No order as to costs